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Ash, Solicitor

Category: Law

Satisfied Customers: 10916

Experience: Solicitor with 5+ years experience

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The council have decided that they have over paid me housing

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The council have decided that they have over paid me housing benefit totalling £9000 they just phoned me at work out the blue to tell me which led to me collapsing and hyper ventilating in shock which in turn led to me being signed off work from the doctor with stress, is there not a duty of care to of invited me to a meeting at council offices to discuss rather than just phoning me at work and delivering the news over the phone. I feel this is negligence, they are claiming I failed to notify them when my child care costs changed he was in full time nursary and I was receiving tax credits to cover the fees, when he was old enough I applied through the council for a school placement so they know my child became of an age to start school so shouldn't this of flagged up at the time that he isn't in full time nursary, I informed HMRC of the new child care costs as I still needed after school and school holiday child care, to which the amount of tax credits I was paid was lowered to meet the new fees I was told that the council and tax credits are linked so assumed The council new everything and wasn't aware that was any changes to report as they handled the school placement and have links to the tax credits. My understanding is a change in circumstance would be something they can't find out about like for example a partner moving in with a salary or if I changed my job and had a new salary etc. no one told me I needed to inform them when my child starts school and child are providers changes or I would of told them I feel this is an innocent mistake but feel why has taken them over 18 months to realise and them demand £9000 back over the phone without warning while I'm at work. All this has resulted in me having to give up my house as I can no longer afford it and move back into my parents and share a cramped bedroom with my son which is also 30 miles away so am having to move to a complete new district and change my sons school and commute to work now all because there systems don't flag things up sooner. I would really appreciate some advice on this. Thanks Joanne.

Alex Watts :Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :Have you appealed the decision please?

Customer:

I intend to appeal the decision once the letters have been sent out.

Alex Watts :

Good

Alex Watts :

Appeal the decision

Alex Watts :

It will then go before an independent Tribunal who will decide whether you owe the money

Alex Watts :

As you know you do have a duty to disclose any change in circumstances

Alex Watts :

If the appeal fails then sadly you will have to pay the sums back, even if it is just £5 a week

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No thanks for your time I was hoping in some way they had been negligent towards me. I will appeal and see where it goes. Thanks.

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